Hazardous Products’ Liability

(FREE CONSULTATION)



 

Products’ liability is the area of law in which manufacturers, distributors, suppliers, retailers, and others who make products available to the public are held responsible for the injuries those products cause.

 

Manufactures, wholesalers, and retailers of unsafe or defective products causing injury, can be held liable for monetary damages. These products include foods, drinks, drugs, real estate, machinery, tools, as well as virtually all consumer products.

 

An injured user need not be the original purchaser of the product, and in many cases, does not need to prove negligence. Product liability is often based on strict liability which means that if the product is defective and causing injury, the injured user may recover as long as the product was used as it was meant to be used, and was not substantially changed from its original condition.

 

Negligence and breach of warranty are also theories of recovery in product liability. In negligence, if it can be shown that a company was negligent by inadequately testing its product or in supplying directions for its use, the injured party probably has grounds for filing suit. Similarly, a manufacturer implies a warranty for fitness of use and freedom from defect when an item is sold. If the item is defective or is unfit for the intended purpose, an injured user can file a product liability case.

 

In product liability, there are various areas of defects that can occur. If a claim of strict liability is to be pursued, the injured party will need to show that, due to a defect, the product was unreasonably dangerous for its intended use. There are generally three areas in which a product can be unreasonably dangerous:

 

The manufacturer or seller can fail to warn about dangers associated with the product's use. Manufacturers and sellers are expected to give adequate warnings about possible dangers, and to provide clear and adequate instructions for use. Failure to do so can cause a good product to become deadly. For instance, coolants used in automobiles are extremely toxic; failure to print warnings of this toxicity on the product labels could lead to an accidental poisoning and thus to a suit for damages.

 

The product may have a design defect. This means that the product is manufactured with a defect, even if it is assembled perfectly. An example would be a car gasoline tank that is designed with weak walls such that an impact can rupture the tank and cause the car to catch on fire, even when the tank is correctly assembled and installed.

 

A manufacturing defect exists when an otherwise safe product is rendered dangerous because it is assembled improperly. A car whose wheel is installed with missing or cross-threaded bolts may lose a wheel at high speed, injuring, or killing the driver and passengers. If it is proved that the car was manufactured with that defect, the manufacturer will be liable.

 

In all cases of product liability, it is essential to the success of the case that the product be preserved and that all paperwork showing the origin of the product is made available. Receipts showing purchase, any repair records, etc., can be vital to building a successful case.

 

If you believe that you have a Product Liability case please contact one of our experienced Product Liability Attorneys for a free evaluation of your claim. Remember that most cases have a limited amount of time for the plaintiff to file, so call today.

 

 

Mashney Law Offices is ready to help you. Please call us at (800) 555-6655 or submit an online case evaluation. This is a FREE CONSULTATION.